The late 1800s and early 1900s was a period of expanding and diversifying immigration to the United States. Prior to that time, the majority of immigrants to the U.S. came from Northwestern Europe, but between 1890 and 1920, most immigrants originated in Southern and Eastern Europe. Predictably, this shift caused a negative political reaction, which ultimately led to the very restrictive and racist Immigration Act of 1924 (also called the Johnson-Reed Act after the Congressmen who sponsored it).
It may be a fool’s errand to look for parallels between 1924 and 2024, but we’re going to try it anyway. And perhaps there are lessons to be learned from the Immigration Act one hundred years later.
To get started, let’s briefly discuss what led to the Immigration Act, which was signed into law by President Calvin Coolidge on May 24, 1924.
Concern about the number and “quality” of immigrants had been increasing in the early years of the 20th Century. In 1907, Congress established the bi-partisan Dillingham Commission to look into the issue. Four years later, the Commission released a massive 41-volume report examining the impact of immigration on numerous industries and on American life more generally. Volumes had titles such as “The Children of Immigrants in Schools,” “Immigrants as Charity Seekers,” and “Immigrants in Industries: Japanese and Other Immigrant Races in the Pacific Coast and Rocky Mountain States.” The report concluded that immigration from Eastern and Southern Europe posed a threat to American society and culture, and that it should be greatly reduced. The report also endorsed existing restrictions on immigration from East Asia.
Efforts had already been in the works to limit immigration, and the Dillingham Commission Report, along with a number of other factors–the Red Scare, the post-World War I recession, and a labor movement concerned about low-wage workers–conspired to boost the cause. Between 1917 and 1921, several restrictive immigration laws were passed. Those laws combined with impediments to travel caused by the War greatly reduced immigration to the United States.
The Immigration Act of 1924 codified the new restrictions and further limited immigration to the U.S. Overall migration from outside the Western hemisphere was reduced by 80% from pre-WWI levels to 165,000 people per year. The annual quota for immigrants from any given country was set at 2% of the number of foreign-born persons from that country who were residing in the U.S. in 1890. The practical effect of this provision was to block immigrants from Southern and Eastern Europe (Italians, Poles, Czechs) and privilege those from Northern Europe (British, Irish, and Germans). The number of Jewish immigrants–who primarily came from Eastern Europe–were also dramatically reduced. Indeed, after 1924, more Eastern European migrants left the U.S. than arrived here.
The strict quotas for Europe, which were enthusiastically enforced, had a particularly tragic effect during the Holocaust, when Jews were prevented from escaping Nazi Germany. Many died as a result, though a few–including my wife’s grandfather–managed to reach the United States.
The Act also completely excluded immigrants from Japan, which increased estrangement between the two nations and ultimately helped push them towards war. Immigration from China was also blocked, but this had little real world effect, since Chinese immigrants had already been barred decades earlier.
In terms of the economy, after the Immigration Act became law, scientific advancement was stifled (as measured by the number of new patents filed) and wages for American workers did not increase. Rather, sectors reliant on migrant labor either shifted to more capital-intensive methods of production (agriculture) or shrank (mining).
The regime put into place by the Immigration Act of 1924 remained in effect through 1952, when Congress passed the Immigration and Nationality Act, which largely retained the old law’s national and regional quotas, though it allowed the President to override those quotas (the law was passed over President Truman’s veto, which was based on his opposition to keeping the old quotas). The INA also allowed for skilled workers, family members, and refugees to enter the U.S. outside the quota system.
National quotas ended once and for all in 1965, when Congress amended the INA so that “No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.” These provisions went into full effect in 1968, ushering in the modern era of immigration in the United States.
Fast forward to today. For the last fifty-odd years, the number of non-native born Americans has been increasing. According to the Migration Policy Institute, there are about 46.2 million immigrants in the United States, the most in U.S. history. These immigrants comprise 13.9% of the total U.S. population, which is short of the record high: 14.8% in 1890. With so many immigrants living in our country, can we expect a backlash? Put another way: Is it 1924 all over again?
As usual, I don’t have an answer. But it is clear that the Trump campaign is rallying its supporters with promises to restrict immigration, close the border, and deport “illegals.” The Biden Administration is also making efforts to reduce irregular migration, as it fears the President is vulnerable on this issue (or as I wrote previously, Biden’s ballot bid burdened by busy border).
Of course, we are a different country today than we were a century ago. We benefit mightily from immigrants, who help drive our economy through entrepreneurship and innovation, contribute disproportionately to the healthcare industry, and help maintain our nation as world leader. But we also suffer from the same fears about newcomers taking our jobs and bringing crime.
To counter the anti-immigrant narrative, advocates must continue to educate the public about the benefits of immigration and debunk falsehoods spread about newcomers. But we must also be prepared to make concessions where necessary to help win over moderate voters, especially on issues such as the border where there is widespread consensus that something needs to be done. Through advocacy and reasonable compromise, we can hopefully preserve our immigration system and prevent the mistakes of 1924.
How are you Hason,
I have been huge follower of you and I must confess you are rare to find,God bless you.
I applied for Advance Parole in 2022 before my decision came last year May subjecting me to court in 2026 haven applied since 2017.
I got a denial letter for my I-131 and asked to appeal before a particular date in June,2024.
My question is this.
I have not seen my family since 2016 and really need to see them in a 3rd country,is it advisable to appeal?
Also if granted what’s the chance of me coming back into the USA?
Thank you.
Generally, we tell people in court that they cannot travel with AP even if they have it. The reason is that leaving the US while you have a court case could be considered like you deported yourself and there is a risk that you will not be allowed back in. In your case, since the affirmative asylum case is now over, I do not think USCIS will issue AP to you, and so I think the appeal may be a waste of money. I am not certain and maybe you want to talk to a lawyer about the likelihood of success, but my sense is that this will not work. For me, your better bet is to try to expedite the court case. That can sometimes work. I wrote about this on April 20, 2017. Take care, Jason
Hi Jason,
1) Can I change my status from asylum pending case to H1B visa?
2) What is rough percentage rate of accepting second asylum application once withdrawal of my 1st application and returned to my country due to emergency case?
Thanks for usual support
1 – Maybe. It would depend on many factors, and you might need to leave the country to do that. I did posts on August 28, 2018 and September 6, 2018 that may be relevant. These are about getting a GC through employment, but many of the same obstacles would apply to getting an H1b. Of course, you would need to talk to a lawyer about specifics, but these posts might give you a starting point. 2 – I have never seen data about that, but in cases where a person returned to the home country, they need to explain why they returned, how they stayed safe, and why they are in danger if they return again. While it is not impossible to win such a case, it is much more difficult. Take care, Jason
Hi Jason
I now have an A10 category work permit based on CAT withholding
1-Can i benefit from health insurance?
2-And what are the benefits that i can apply for?
Thank you
1 – If you or your employer pays for health insurance, you can get that, but I do not know whether you can qualify for state or federal benefits. 2 – My guess is that you would qualify for state benefits and for things like unemployment insurance, but really, I am not sure. I wrote more about CAT on April 25, 2018, but I do not think that discusses insurance or financial benefits. Take care, Jason
Hi Jason, if i have an Asylum pending can i do a Real ID license with it Thanks.
I am not certain about that, but I think if you have the asylum based work permit, you should be able to get the REAL ID license. I do not do anything with the DMVs, so maybe someone else here knows more about that. Take care, Jason
Hello Jason.
My asylum was approved on May/14/2024. Can I submit my application for green card 6months from that date? Or do you advise I wait the full 1 year? I don’t want to mess up things. Please advise accordingly.
Thank you.
Hi What do they ask during the green card interview at USCIS? asylum 485 file. I have an appointment next month. Should I be worried about this?
Some people get interviews and others do not. I think it is largely random unless there is a specific problem with the case, such as a criminal conviction. They generally ask the questions listed on the I-485, though usually not all of them. They can also ask about your asylum case, though that is almost always very minimal. I would review your I-485 application to make sure you do not see any errors, and review your asylum case so it is fresh in your mind. If you have criminal issues, you would want to talk to a lawyer, but otherwise, I do not think it is anything to worry about and these interviews are usually pretty easy. Take care, Jason
When did you apply for the GC?
Please share your timeline. When did you apply for the GC?
I am recommending to my clients that they wait 6 months, as I think there is some small risk of denial if they file before that time. If you wait a full year, that eliminates the risk, but in my opinion, that is not necessary. I explain the reasoning for this in a post dated February 8, 2023. Take care, Jason
I want to share something personal and ask @fellow asylum seekers/asylees some questions…
I have many bad memories from my country of origin…being harmed and no one to go to and fear…no assistance…I would like to believe many asylum seekers/asylees share the same..
I would like to ask, how are you guys coping ? every time I think of that, I feel sad and depressed…I could go to therapy…but …doesn’t go to therapy takes time and money ?
It’s very expensive for a session…I don’t have insurance…and I need to find a doctor and schedule all these appointments…and probably need to take days off (and may not have sick time to use…if the boss doesn’t like it that i take time off…My will be in jeopardy…and I will lose income)…So how do you go on to address this ? when seeking therapy seems so difficult ? or is there home remedy for past trauma ?
I want to share an incident from a person I know.
It’s a recount of objective incidents and people can draw their own conclusions and opinions.
So, this person was granted asylum shortly before covid. And has already obtained as6 green card…they traveled to their country of origin…before departure, they asked their lawyer and their lawyer said it’s fine. And they have RTD. They stayed in their country of origin for 2 or 3 months and during return, they were denied entry by CBP. They asked to see a lawyer while at the CBP (they want to enter and find their immigration lawyer) but CBP refused their request. CBP said that they already violated asylum-related terms and asked this person to leave the U.S. This person even has real estate in the U.S. but apparently was not able to enter.
Think about the consequences…when attempting overseas travel. I also don’t understand why someone would go back to their country of origin, a country where they claim suffered persecution and/or have fear of persecution. It does really undercut asylum eligibility imo.
While there might be consequences to go back to the country of origion after granted asylum and having Grèencard in hand, but CBP would only refer the person to the immigration court for removal proceedings and would never ask the person to LEAVE RIGHT NOW ( considering the person has permanent residence )That is the proper procedure as for As I know and I may be wrong as well.
Lets other and Jason express thier views in here.
You really think IJ would side with a foreign born person rather than a CBP officer who has sworn to serve the United States ?
Plus, even the possibility for immigration court referral alone should be enough to deter people from making overseas travel before naturalization.
Immigration judge considers and looks to the facts and reality of a case and NOT the country of birth of a person. There is rule and law in this country. Apart from that many CBP officers are foreign born as well. Does that mean IJ shouldn’t side with them because they are foreign born CBP officers? You need treatment buddy.
I mean, after reviewing years of cases. I find that cases that go on to immigration court , BIA or federal courts. more likely than not, will result in an unfavorable ruling against the immigrant…
I arrive at this conclusion by considering the alternative, If immigration judge frequently overturns lower level DHS officers’ decisions more than half of the time, then, it means either DHS or EOIR is not doing a good job, and that is an unreasonable scenario. As an immigrant, I would rather my case stop at DHS and not go on to EOIR/BIA or federal courts. So, as a person who is not a us citizen, the safest choice is to not take the risk and travel overseas.
An analogy is to … say…run the traffic light, or speed. Yes, I know many people take the risks and not get hurt/caught. But the consequences if getting hurt/caught would be significant…
I am advising anybody not to travel. I am simply saying, traveling overseas may carry the risk of not being admitted afterwards…and people should be made aware of it…
…not advising
From a US immigration perspective, it is a bad idea to return to the country of origin if you have asylum. However, that would not normally block you from re-entering at the border, unless there are other factors (such as an expired RTD). Take care, Jason
“Trauma,” your story seems a bit off. Anyone with a basic understanding of U.S. immigration and asylum laws, particularly those related to CBP officers denying entry to a lawful permanent resident (LPR), would notice inconsistencies, exaggerations and fabrications. Unless the CBP officer is completely unaware of the regulations and policies- and if that’s the case, s/he should not be operating as a border agent- the situation shouldn’t happen as described. It’s crucial to arm yourself with the relevant facts and knowledge about your rights as an asylee or LPR, especially if you intend on traveling abroad. Therefore, you are able to ask to speak to a supervisor, ask the officer to send you to court, or politely explain to the officer why his or her decision might not be correct.
With that said, a U.S. Customs and Border Protection (CBP) officer does have some amount of authority to deny entry to an LPR under certain circumstances. And as an LPR, you can ask to be put in removal proceedings, regardless. Moreover, there are very specific situations where LPRs may be “denied entry”. These (usually) include:
-Abandonment of Residency: If the CBP officer determines that the LPR has abandoned his/her residency in the United States, the LPR can be denied entry. This can happen if the LPR has been living outside the U.S. for an extended period, usually 6 months or longer, without maintaining significant ties to the U.S., such as a home, job, or family.
-Criminal Activity: If the LPR has been involved in certain criminal activities, s/he may be inadmissible. Crimes involving moral turpitude, drug trafficking, terrorism-related activities, and other serious offenses can lead to denial of entry.
-Immigration Violations: If the LPR has violated immigration laws, such as committing fraud during the immigration process or falsely claiming U.S. citizenship, s/he may be denied entry.
-Health-Related Grounds: If the LPR has certain communicable diseases or fails to provide required vaccinations, s/he can be denied entry on health-related grounds.
-Security Concerns: If there are national security concerns or the LPR is suspected of being involved in espionage, terrorism, or other activities that threaten U.S. security, entry can be denied.
In these situations, the CBP officer has the discretion to deny entry after evaluating the specific facts and circumstances of the case. If denied entry, the LPR may be placed in removal proceedings, where they will have the opportunity to contest the decision before an immigration judge.
Also, per the USCIS website:
“… a noncitizen who entered the United States after falsely claiming to be a returning LPR is not considered to have been procedurally inspected and admitted because a returning LPR generally is not an applicant for admission.[26] An LPR returning from a temporary trip abroad would only be considered to be seeking admission or readmission to the United States if any of the following factors applies:
-The LPR has abandoned or relinquished his or her LPR status;
-The LPR has been absent from the United States for a continuous period in excess of 180 days;
-The LPR has engaged in illegal activity after having departed the United States;
-The LPR has departed from the United States while under legal process seeking his or her removal from the United States, including removal proceedings under the INA and extradition proceedings;
-The LPR has committed an offense described in the criminal-related inadmissibility grounds, unless the LPR has been granted relief for the offense;[27] or
-The LPR is attempting to enter at a time or place other than as designated by immigration officers or has not been admitted to the United States after inspection and authorization by an immigration officer.”
No of the above applies to the person you know so I am not sure on what ground the officer would have authority to deny entry to that person.
Additionally, USCIS policy manuals have made clear that an asylee (let alone a former asylee) returning to the COP does not mean fraud or abandonment of the asylum status. Moreover, Matter of N-A-I clarifies that asylum status- and most of its “vestiges”- is terminated by the voluntary adjustment of status.
Pursuant to Matter of N-A-I: “… is significant that an alien’s asylee status can only be terminated under section 209(b) of the Act if he or she voluntarily chooses to seek adjustment of status under that section. There are many reasons why an alien might choose to give up the protections of asylee status for lawful permanent resident status, but he or she is not required to do so and may remain indefinitely as an asylee. As the Fourth Circuit noted, an asylee who adjusts status under section 209(b) obtains significant benefits, including “a direct path to naturalized citizenship,” a better chance for his or her family to obtain lawful permanent residence, and “the right to travel outside of the United States without the advance permission of a refugee travel document.” Id. at 192. An asylee who adjusts to lawful permanent resident status also cannot have that status terminated on the grounds that he no longer has a well-founded fear of persecution. Id. However, an alien who prefers to retain the benefits and protections of asylee status, including the restrictions against removal under section 208(c) of the Act, is not obligated to file an application for adjustment of status.”
It also notes: “.. the Fourth Circuit concluded that the most reasonable reading of section 209(b) of the Act is that once an asylee has adjusted his or her status to that of an alien lawfully admitted for permanent residence, the alien is “fully considered a lawful permanent resident and not an asylee” and can therefore “be removed without a requirement that the Attorney General conduct an asylum termination proceeding under [section 208(c)(2)].”
Thus, an LPR seeking admission to the U.S., regardless of the situation, cannot be forcefully put on a plane and sent back to his/her COP because s/he visited his/her COP. As well, the LPR is within his/her right when s/he asks for legal representation or asked to be sent to court.
I mean, going back to country of origin of persecution or fear … pretty much, in my opinion, and prob in a lot of DHS officers’ opinions, invalidate their asylum claim, so they don’t have a fear any more. Their asylum status and any derivative immigration benefits based on asylum should accordingly be revoked and they should be expeditiously removed…
In addition, what you just said confirmed that…green card holders do get denied entry when applying for admission…
So…I guess my claim that “the safest option for a non-natural-born citizen is always wait until naturalization to travel overseas” stands firm ?
It’s a 100% accurate statement and I don’t understand why some seem to pile on me…
Hi Jason,
Thank you for your support to the Asylum Community. I have a question concerning my immigration status. I recently received approval for my NIW EB2 application, but my asylum case is still pending and is scheduled for a hearing in front of Judge in June.
Could you advise on whether we should mention the NIW EB2 approval during the asylum proceedings? Would acknowledging the NIW EB2 approval potentially benefit or affect the acceptance of my asylum case? I am currently working under an Asylum EAD and want to ensure all precautions are taken, especially if there is a possibility of the judge making an unfavorable decision regarding my asylum application.
Best regards,
Israel
It is always possible for the judge to make an unfavorable decision and so I think you are wise to have a Plan B. I wrote more about this issue on August 28, 2018 and September 6, 2018, but you would need to talk to a lawyer to see whether there is any way for you to take advantage of the EB2. Maybe one option is to dismiss the case based on prosecutorial discretion, if you are eligible to get the green card either inside or outside the US and if you think the asylum case is weak. Alternatively, maybe you can ask for voluntary departure if asylum is denied, so you can leave the US and get the GC overseas. Again you would need to talk to your lawyer to see whether these options might work. Finally, most people in court will have a difficult time getting the GC based on employment, and if you have a strong asylum case, that is the better, faster, and cheaper option, but the EB2 is good to have as a backup. Take care, Jason
Hi Jason
I now have an A10 category work permit based on CAT withholding
1-Can i benefit from health insurance?
2-And what are the benefits that i can apply for?
Thank you
Hello mr jason how are you. My asylum case was approved in April 2023. I saw it. Do you know what kind of questions they ask me? I applied for asylum. I am also married to an American woman. I received approval without inviting me for an interview. but my lawyer filled out the green card on asylum .. Interview Was Scheduled
On May 24, 2024, we scheduled an interview for your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC……….We will mail you an interview notice. Please follow any instructions in the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.. My asylum case was approved in April 2023. I saw it. Do you know what kind of questions they ask me?
It is not legally possible to get asylum without an interview, so something seems wrong. Maybe the asylum office made a mistake or maybe your lawyer applied for some other type of benefit that was approved (such as a work permit)? If you have the paper order granting asylum, that would mean that asylum is approved, but if you do not have the paper order, you can email the asylum office to ask about the case – you can find their email if you follow the link under Resources called Asylum Office Locator. You might also ask your lawyer to clarify the situation. Take care, Jason
1 – If you or your employer pays for health insurance, you can get that, but I do not know whether you can qualify for state or federal benefits. 2 – My guess is that you would qualify for state benefits and for things like unemployment insurance, but really, I am not sure. I wrote more about CAT on April 25, 2018, but I do not think that discusses insurance or financial benefits. Take care, Jason
I have been reading the news…It seems Biden will try to shift right to immigration to try to appeal voters…
As an asylum seeker, should we see it as a betrayal ?
I take issues with the appeasing approach.
Instead of teaching and educating people (who have been lied to by Donald Trump and Republicans)…about how asylum seeking and credible fear interview at the border are legal and lawful process. Some immigration advocates try to abandon those people who need protection. I want to ask… why ?
If immigration advocates don’t rectify voters’ perception of credible fear interviews, in the future, the immigrant community will again be blackmailed. in the future, these voters (who have been lied to by Donald Trump) will again try to use issue to push immigration advocates to surrender and concede…
I have been waiting with my family for first affirmative Asylum interview with USCIS Office since 2017 February. Whenever we are checking through online USCIS, its saying we will mail you for person interview in USCIS office. My query, do you know how long will be taken to get this first interview with them?
Thanks
Shaheen Bhuiyan
No one knows this, and right now, very little is moving. Your best bet is to try to expedite the case – I wrote about that on March 23, 2022. That rarely works, but you can try. If it fails, you can then try a mandamus lawsuit, where you sue the Asylum Office and ask a judge to order that they do their job. Most interviews these days (at least in my local office) seem to be because the person filed a mandamus lawsuit. Take care, Jason
Hi Shaheen.
I waited for an interview since 2017 February as well.
Through these years, I reached out to congress people, put myself on short notice list, asked to expedite and asked for help from Ombudsmen. None worked, so I filed mandamus as Jason suggested above. Now I have an interview scheduled in a week.
I highly advise you to follow my steps to end this never ending wait.
Please note that your chances with mandamus will be higher if you complete all steps that I completed before filing. This way you can show USCIS that you did all you could.
Hope this helps.
Hello Vik Good Evening! I have been waiting for my interview since 2019, Happy that you got your interview. Could you tell me what steps you took to get the interview? Thank you very much!
Hi Rafael.
Make all pre-requisites:
Contact congress/senate people.
Contact USCIS.
Contact USCIS Ombudsman.
Place yourself to short notice list.
After that hire lawyer to handle mandamus action.
Hi Jason; hope all is well. I granted for asylum last year and 2 weeks ago I mailed my I-485 application for green card; today I received the receipt notice(I-797C) from USCIS; National Benefits Center in KS with this letterhead:
Attention: 1-485 Refugee/Asylum
7600B West 119th Street
Overland Park, KS 66213
And in my I-797C form/notice they categorized my application is asylum and it mentions that we will let you know if we need you to do the biometric test.
Do you think this is a normal procedure to send my case to KS and categories as asylum?
My brother had the same situation; he received the notice from NBC 10 months ago without any address and they waived his fingerprints but his case is stuck and he don’t receive his green card yet. Thanks for your help
USCIS distributes their work depending on their needs, and so I think it is not surprising to get a letter from this address. It also depends on where in the U.S. you live. In other words, I think it is nothing to worry about. In terms of your brother, we are seeing most asylee-based I-485 applications take from 1 to 2 years, so I think his case is still normal. You can check processing times at http://www.uscis.gov and this gives some idea of the average wait time for your form (though in my experience, it is not super accurate). Take care, Jason
Hello Jason, hope you are doing great
My question for today is
When I applied for TPS, they removed the hiring date from the immigration court.
My question will be so is the court gonna send my application to Uscis or do I have to submit a motion to immigration court to set it back to the first hiring date?
Thank you!
We have seen different results there for people with TPS. Certainly, you could ask DHS (the prosecutor) and the judge to dismiss your case, and mostly, they will do that. However, if you want to go forward with the case, most judges will allow that (whether all judges allow TPS people to go forward, I am not sure, but I have had several cases where we did litigate the entire case even where the person had TPS). Maybe some judges will put the case on hold or dismiss, but I have not heard about that. Take care, Jason
Hello Jason, In my referral documents to Immigration court it is saying, referred to before Judge under INA 240 Removal proceeding Act so is it apply for everyone who is refer to immigration court after receiving denial at USCIS Asylum Office? Also, my individual hearing is scheduled in Jan 2027, also can you please a bit explain what is the INA 240?
Thanks, Reinmana
There are different sections of the law related to removability and removal hearings. I do not know that it has any particular meaning and the place to look is on the Notice to Appear, where it gives the law under which DHS thinks you can be deported (usually INA 237 or 212). Under either section, you can still apply for asylum and present your case to the judge. Take care, Jason
Hi Jason. Thanks again for answering questions and publishing your articles.
I find it very therapeutic to see that someone is actually caring about affirmative asylum seekers.
I have a question.
If my wife is listed on I-589 & located in US, do I still have to submit I-730 to add her after approved interview or it’s not needed and we both get asylum status upon approval?
Thanks in advance!
It depends whether she is a dependent on the case. If you checked “yes” in the box on page 2 asking whether she is included in the case, she should be a dependent. If so, her name should be listed on your receipt and she should have had a biometric appointment. If not, you can try to add her to your case, but lately, this has been very difficult (at least for me). I wrote about that on March 29, 2023. You can also add her to the case at the time of your interview, and that is much easier. Or if she is not included and you win, you can file the I-730 for her, but that process probably takes 1 or 2 years. Take care, Jason
Thank you Jason.
Follow-up question, my wife has Notice to Appear for travelling to Puerto Rico even though it’s US territory…(she was detained in the airport, questioned for 5 hours, and released with that notice).
Can I be rejected at the interview(scheduled in 1 week) for the reason that dependent on my case has NTA?
If your wife is in court, she would no longer be a dependent on your case (the asylum office does not have jurisdiction over a person in immigration court). So if you win the case, she will not get asylum as a dependent. Instead, you will need to file an I-730 to give her asylum and she would have to then ask the court to dismiss her case. Even so, you might want to bring her to the asylum office to see if there is anything they can do to return her to being your dependent – I doubt it, but it is worth a try. In terms of your case, the fact that she is in court should have no effect. Take care, Jason
Thank you Jason.
This bring some peace to our minds.
I honestly don’t understand why people risk traveling outside of U.S. mainland before naturalization…it’s dangerous…because, if a person is not a naturalized U.S. citizen. they could be refused admission…
@VIK may I ask why did your wife do that ? Do you guys know the risks beforehand ?
Hi Jason,
If I applied my second asylum case now, how many years take for initial interview?
Before 10 years ago, I applied for asylum and due to emergency case, I returned to my home country but withdrawal submitted. But now I came to US and the situation in my country is in war and political turmoil. Do you think possible to apply again?
I thank you very much for usual assistance.
You can apply again. Wait times are very long for most people, though a few people seem to get a faster interview – that is random and probably varies by asylum office. If you do not get scheduled for a “fast” interview, the wait times can be very long – we have clients waiting 7, 8 or 9+ years for an interview, and this is common. You can try to expedite or file a mandamus lawsuit if you are stuck in the backlog and that can move your case faster. If country conditions have changed and that affects you and puts you in danger, that can be a basis for asylum. I do think the return trip is an issue you must address, but if country conditions have changed and you can explain the return trip and why you are now in danger, you should have a chance for success. Take care, Jason
Hi Jason,
How early can I submit my naturalization application? Does it have to be exactly 5 years before I sent an application?
Thanks
Assuming you meet all other requirements, you can submit it 90 days before the 5-year anniversary of the date on your Green Card. Take care, Jason
Hello Mr Jason,
I requested withdrawal of asylum in January 2024 as I had my green card in december 2023 thru marriage. They did not responded but in May 2024 I got my asylum interview which is scheduled for next month. After your suggestion I again emailed them 2 weeks ago and finally they responded “you do not need to come to interview”.
Now my dilemma is, it’s been 2 weeks but my online status says “interview scheduled”. I requested them to issue an official letter for asylum withdrawl which they neither responeded to email nor sent a letter. I am worried what if I do not show up interview and they put me in removal proceedings? Is it possible?
Is it good idea to write a letter to them and include my green card copy and send at the same address where I would send additional evidence before the interview? Thank you for the all the help.
If they sent you a cancellation notice for the interview, that would be the official document indicating that the interview is canceled (and maybe the withdrawal will happen later). I think if you received the cancellation notice, that is probably enough. Even the email you already received is probably fine, but I think there is no harm in contacting them again and asking for something more official. I highly doubt they would place you in removal proceedings, but if so, you can just print out all your communications with them and a copy of your GC, and the case should be dismissed pretty easily. Anyway, I doubt it will come to that and I see no harm in sending a copy of the GC again and asking for the withdrawal document. Take care, Jason
Thank you Mr Jason. I will send a letter, they just sent one sentence email “you don’t need to come to interview”, no official letter of cancelation of interview.
I think the email is probably fine, but I would definitely keep that email in case you ever need evidence that they contacted you about cancelling the interview. Normally, they do send a letter also. Take care, Jason
Thank you Jason, my bad, my individual hearing is scheduled in 2026, also can you please a bit explain what is the INA 235 and what it refers to?
Thanks
Google is your friend…
You are deemed inadmissible and may be expeditedly removed…
I think it only means that the case is referred to court and has no other meaning .INA 235 does cover expedited removal, but it covers other points as well, such as referral to court, and I think in your case, your removal proceeding is definitely not being expedited. Take care, Jason
I tend to be pessimistic and think of the worst case scenario…because unfortunately, as how the world goes…it usually manifests…the worst case scenario does happen. when things change, it’s usually getting worse, not better…
e.g. if the president changes after jan 20 2025, it’s a bad news for asylum seekers…
Hello Jason, my husband who received derivative asylum status on my case is applying for a refugee travel document (I-131). He is from a different country where he doesn’t face persecution. How should he answer the question in part 6 “country from which you are a refugee or asylee”? Should he list my country or answer something else? Many thanks!
Good question. I might just write your country and then circle the question, write see cover letter, and in the cover letter explain that he wrote your country as it was your asylum case, but he is from a different country and that he is your derivative. He can also write this on supplement page at the end of the form. Take care, Jason
Hi Jason
My fiancé was interviewed for K1 visa at the US embassy in his home country last week. At the end of interview, he was told that his application will be put on administrative hold, and he was given a list of few questions to answer and submit the reply within a stipulated time. My fiancé has a valid B1 (Visitor) visa in his passport and he has traveled to the US 5 times in the past 4 years. The interviewing officer at the embassy informed him that once his K1 visa was granted she will cancel his current B1 visa which is good for 6 more years. From what I have learned in the past few days the so-called administrative process may take from few weeks up to probably 6 months.
When my fiancé applied for B1 visa at the same embassy a few years ago initially his B1 visa application was put on similar administrative hold, and he was given exactly a similar list of questions to answer. I guess a week after he submitted his reply to their questions his B1 visa was approved.
Now I am thinking of asking him to fly into the US using his current B1 visa and once he is admitted into the country on visitor visa, we will submit I 130 to adjust his status.
I would like to know from your experience will we be able to adjust his status once he enters the US on visitor visa?
Thanks in the advance for sharing your opinion.
Sarah
He can come here and adjust status (assuming he has no other bars). However, be aware that there is a waiting period of sorts before you file the I-130. I believe if you file 30 days or less after he arrives, USCIS will assume that he lied about his non-immigrant intent at the time of entry, and this can cause issues. I think if he waits 30 to 60 days, USCIS could still find fraud, and if he waits more than 60 days, this should not be an issue. One problem: I am not 100% sure about these time frames, and it may be that he has to wait 90 days to be safe. Anyway, you might look into that before you file the case. Take care, Jason
Hi Jason,
My work permit is expiring on 19 Nov 2024 can I apply for the renewal now as it’s less than 180 days left
Secondly How long it is taking now a days for the renewal?
Thank you
You should be able to apply now. Renewals are going slowly. USCIS recently extended the automatic extension to 540 days since things are moving so slow (it was 540 days in the past, then they changed it to 180 days as things seemed to speed up, and then they changed it back to 540 days when things slowed down again). As far as I know, everyone gets the new EAD before the automatic extension ends. Take care, Jason
Sir good morning its a 2 part question.
First i moved from Bakersfield California to Virginia. So my asylum case with uscis will transfer to Arlington office. My asylum case has been pending with uscis for 2 years. I have work permit. How long will Arlington office take to schedule my interview. Is it a fast asylum office for interview.
Secondly before applying asylum i had a student visa which expired then i applied asylum. I know i have one year bar. But my lawyer told me i can apply after one year bar plus the conditions in home country worsened after my visa expired.
But my question is when i had student visa i married someone she is us citizen but we never filed anything. But got divorced in 10-11 months. We separated in 4-5 months. Also since i didnt have ssn that time or work permit we never got proofs of marriage like bank account rent lease etc. we also never filed any uscis form. The marriage was real just dont have documentation to prove it . Only thing i have is marriage and divorce certificate . Now im remarried now . Can i file i-130 and i-1485 on based on this marriage. Will uscis also ask for proofs of previous marriage if it was not for immigration. Purposes. I dont have proofs. Can this result in denial of green card
1 – There is no way to predict the time frame, but very few people are getting interviews. I think the only option is to try to expedite (I wrote about that on March 23, 2022) and if that does not work, to file a mandamus lawsuit. Do make sure to file a change of address using form AR-11 or online at http://www.uscis.gov. 2 – If you are married to a US citizen, you should be eligible for your GC that way. The fact that you had a prior marriage should have no effect. I guess if you are worried about that somehow, you can get some letters from people who know about that first marriage, but I do not see why that would be necessary or relevant. In terms of the one year bar, if you do end up doing the asylum case, I wrote that on January 18, 2018 and that might give you some ideas. Take care, Jason
The fact that I am asking this question proves how powerful Trump and the GOP are in manipulating people’s minds.
I didn’t for myself witness the vote counting or such…but I have long heard about illegal voting…could it really be the case that enough illegal votes are cast that propelled Joe Biden to victory ? Is the 2020 election really a done deal like what Biden and Democrats claimed ? I mean I cannot see any evidence indicating otherwise…
But, like I said, absence of evidence is not evidence of absence…could there be something that we don’t know but the trump team knows ? Because otherwise, how could he persisted for so long, just to prolong his lies ? and how could there be so many people supporting him, many of them are public officials…could the fact that the longevity of the claim “2020 election is stolen” indicates some … merit of the claim ? i.e. there may really be something to it ?
What do you think ? I am sorry for asking like a fool, but it’s because of Trump and his powerful political influence…I cannot be sure of myself anymore…
The Earth may also be flat. Anything can be true. This is why it is important to learn to evaluate evidence, sources, and motivations. Take care, Jason
I mean I said I may ask like a fool…
But how do you explain this…
https://thehill.com/homenews/campaign/4384619-one-third-of-americans-say-biden-election-illegitimate/
His claim received a lot of support…If it’s an easily defeatible argument…I wouldn’t expect it to survive for long…I mean are 1 in 3 Americans low – iq ? or purposefully oblivious ?
It is a shame, but we are our own worst enemy. Take care, Jason
For someone who seems to have common sense, I question your IQ. If you did not notice, 1/3 of a country’s population, considering the margin of error, is roughly 30% of the population. To put it differently, back in January 2024, approximately 30% of the American population, according to some polls, believed that the 2020 election was stolen. Additionally, Trump received nearly 47% of the votes in the 2020 election (Biden received 51%), despite Trump being a highly controversial figure. Furthermore, there is a segment of the U.S. population that consumes propaganda from outlets like Newsmax and Fox News. Using basic social science principles, one could reasonably estimate that between 35% and 40% of the U.S. population would believe the election was stolen. Moreover, I do not believe—and I don’t think I can be convinced otherwise—that these individuals care about facts or reality.
So, if Trump and the rest of the cult have the evidence, why don’t they simply show it or them to us (or at least direct us to it/them if they are that lazy to provide it)? And to think that so MANY of them (the cult members) went to prison, fined, or are serving time now for election interference, etc.? Clearly, then, they are willing to be martyrs. My question for you is- are you a troll AND conspiracy theorist too? I thought you were just a troll- but a conspiracy theorist too?!!! LOL. I say the things that Jason might not want to say, if you didn’t realize. I am going to continue to be a thorn in your side- at least until I am blocked by Jason- because people like you should NOT be given any platform to spew dis/misinformation and hate/bigotry.
Is the election not stollen——??? We the asylum.seekers are not here to vote until we get our citizenship. They don’t even accept your vote without verifying your citizenship. So there is no illegal voting at all.
But my question to you is that, if there is any stealing of votes, which I doubt, I will point to the Trump camp. The guy is a convicted felon so we might try to steal election too but I highly doubt 2020 election was stollen——. This is not some failed third world country, this is America
Hi Jason,
We can’t thank you enough for your incredible and unwavering support. I have a question for you: I received my green card in April 2021, but my asylum was approved back in 2019. Should I start counting the four-year period for applying for citizenship from the date of my asylum approval or from the date I received my green card?
You have to look on the green card and see what the date is, and then you can file 4 years and 9 months after that date. So if you got the GC in April 2021, it should be dated April 2020, and assuming you meet all other requirements, the earliest you can file for citizenship is about February 2025 (in other words, 90 days prior to the 5 year anniversary of the date on your GC). Take care, Jason
Hi Jason,
Thank you for your continued support. My wife and children came to the USA through my asylum process as derivatives, and they recently received their green cards. I was wondering if they can freely travel to our home country with their green cards and valid passports. Are there any challenges they might face upon returning or during the citizenship process in the future? I assume they should be fine since I’m the asylee, not them, but I wanted to double-check with you. Thanks in advance
They should be fine. However, the officer at the airport may not know about them being derivatives, so they should be prepared to explain that in case they are asked. Also, if your asylum case indicated that your entire family as in danger, they should be able to explain why they returned and how they stayed safe. In general, though, asylee derivatives can travel to the home country and should not have any problems with US immigration. Take care, Jason
I don’t understand this…
Why would someone risk overseas trip. You could be refused admission…
To me, the safest option is always waiting until after naturalization and then travel…
Hi Jason, or Jamie (!)
I lost my passport which also contained my I-94. I subsequently filed a police report and was issued with a report. I submitted a I-102 (I entered legally in the early 2000s) to replace in July of 2022 and 2 weeks ago i decided to contact my congressman’s office. They did an inquiry into this and USCIS wrote back and said ; The case is pending at my filed office and will be scheduled for an eligibility interview when an interview slot becomes available..
Do I really need an interview for replacement of the i-94? Is that standard procedure? Thanks
I have not heard about getting an interview for this, though it is possible USCIS will need more info to find the I-94. Sometimes it is also possible to get the I-94 based on a FOIA with USCIS (there is a link under Resources called FOIA USCIS), if you have ever submitted it to USCIS in connection with a case at that agency. If not, you may be able to get a copy from Customs and Border Protection – Google “FOIA CBP I-94” and that should get you there. Take care, Jason
Jason
Thanks for your response, i followed your instructs and i was able to retrieve my I-94. I am just scratching my head asking myself why my attorney filed for the i-102 and charged me for it when they could have gotten it for free at the CBP website…
I do not know about that, but for older I-94 cards, I think you need to file that form, and so maybe that was the reason. Take care, Jason
Hello Jason, hope you are well. I have a pending I485 based on asylum approval. My EAD is gonna expire so I have to file for a new one. Now for the category, I see 2 categories that matched my case. 1: based on approved asylum and 2: based on pending I485. Which one should I choose? Please assist and thank you for your time.
You would apply based on the approved asylum, which should be category a-5 for the paper form (it may be different online). Take care, Jason
I am now asking some advice regarding expedite/shortlist at USCIS stage, that is to say, I am not asking for advice about mandamus lawsuit. So I am hoping that I can get some pointer here 🙂
This is a question to both @jason and @fellow asylum seekers/asylees,
so when I was reviewing the expedite page at USCIS page
https://www.uscis.gov/forms/filing-guidance/expedite-requests, they have specific requirements for expedite…
I think most people can only try the “Emergencies or Urgent Humanitarian Situations” route
“In the context of an expedite request, an emergency or urgent humanitarian situation is a pressing or critical circumstance related to human welfare. Human welfare means issues related to the well-being of a person or group. Examples include, but are not limited to, illness, disability, death of a family member or close friend, or extreme living conditions, such as those caused by natural catastrophes or armed conflict.
NOTE: Certain benefit requests, such as asylum applications, refugee applications, and requests for humanitarian parole, by their nature involve urgent humanitarian situations. Therefore, filing a humanitarian-based benefit, standing alone, without evidence of other time-sensitive or compelling factors, generally may not warrant expedited treatment under this criterion.
Examples of emergencies or urgent humanitarian situations may include:
A vulnerable person whose safety may be otherwise compromised.
Healthcare workers who are needed during a pandemic.”
However, in reality, I heard that some people, who seem to have success just based on…they have waited for a long time…this reason alone…
I would imagine most affirmative asylum seekers currently in backlog, assuming those who don’t have family members…stay peacefully in the U.S. have EAD, and not in removal proceedings…some of them waited for…6, 7, 8 years ? Does this group have any basis to expedite at asylum office ? What can they say ?
I am worried that I go there, say I waited for long and the asylum office director just rejects me. I don’t seem to have any reason other than I waited long ? I mean I suffer uncertainty…but that doesn’t seem to be very urgent from an asylum officer’s perspective ? @Jason, you early said that “You do not need an excuse. If the case has been pending for a long time and you have tried to expedite in the “normal” way, you can file a mandamus. Make sure your case is complete and ready to go before filing the mandamus, so you are prepared for the interview if and when it is scheduled. Take care, Jason”, is this conclusion from your clients’ experience ? would you like to share what your clients’ asylum office stage expedite experience is like ? Cause what you said seems a bit more lenient than what the USCIS page suggests about expedite…I obviously hope what you said is right, but I am a pessimistic and worst-case scenario person so…I just would like to get to know what the situation is on the ground. Thanks !
@fellow asylum seekers/asylees, if you’d like, please share your expedite/mandamus experience, this will help me and others left in the dark. thanks !
You can expedite for any reason, and I wrote more about that on March 23, 2022. You can try to expedite – often they completely ignore the request, sometimes they deny it, and more rarely, they approve it. If it is approved, they sometimes schedule the interview quickly and other times you need to follow up and it takes months. Take care, Jason
Hi Jason, I hope everything is going well, I have a question regarding AP/RTD, my adjustment of status is pending and I need to apply for form I-131 but I am really confused, should I apply for advanced parole or refugee travel document or both since I don’t have a green card and passport to be able to travel and return.
If you have asylum, the more appropriate document is the Refugee Travel Document, form I-131. That operates like a passport, as opposed to AP, which is like a visa (and lets you re-enter the US) and requires that you use your own passport to travel, which is best avoided for asylees if possible. I wrote more about that issue and some problems with RTDs on May 25, 2022. Take care, Jason
Hello Jason
I am a naturalized US citizen and I had obtained my status through asylum.
Recently my fiancé was admitted int the US on K-1 visa, and we married within 30 days of arrival. Now we are in the process of submitting application for adjustment of status.
We are submitting the followings forms in the same envelope:
1. I-485
2. I- 765, and
3. I-131
My questions are:
1. Do we have to submit the same supporting documents multiple times in the same package including 2 photos for each application?
2. What are the current total fees for all the three applications, and do we have to submit on check/ money order for the entire package or separate checks/ money orders?
Thanks for your help….
Loy K
1 – We submit 2 photos for each form, and I do submit multiple copies of supporting documents where they are needed for a specific form. Not all lawyers do that, but that is what I do and it has always worked. If you have not already submitted the form I-864, that is required as well, plus the medical exam (though you can do that later). 2 – We submit separate checks for each form. You will have to look at each form and the fee for that form on http://www.uscis.gov. The fees changed last month, and now a separate fee is required for each form (in other words, paying for the I-485 no longer includes the I-765 or I-131). Take care, Jason
Hi Jason,
I recently watched a news about the Social Security Administration refusing to pay one man’s benefits because he’s not an American citizen. Actually his case is unrelated to asylum. What caught my attention is the statement that ‘he can’t get Social Security benefits because he’s not an American citizen.’
My question is: if a pending asylum seeker has been working and paying taxes and Social Security for 10 or more years, will he not receive Social Security benefits when he retires at age 67 because of his citizenship status (if he’s still in pending asylum when he retired)?
I feel that all people who were not born in the U.S. should be permanently barred from becoming U.S. citizens and receiving any government benefits…I assure you that in this way, a lot of immigration issues could be resolved, including the border.
“I mean”, what is wrong with you??? Did you lose several screws or did you get up every day and decide that you are going to be a troll? Should people who were not born in the US not pay taxes or pay into Medicare and social security? Better yet, if you were not born in the US, you shouldn’t do those jobs that America can’t do without (you know those tech, medical, home care/aide, labor intensive… jobs?) That sounds fair to me. Cuz what’s the purpose if your status is always unsure?
I think that, natural-born-citizen clause is “a happy means of security against foreign influence” …
I feel that the United States has been under foreign influence for too much, largely because people who were not born here (and who are not U.S. citizens)…
I got you! Let me say more articulately and accurately for you- the U.S. is a nation of immigrants. Immigration, however factual from historical standpoint, started when the Europeans arrived and pillaged… After that, the United States was “founded”. Then, centuries and decades later, immigration reform after immigration reform, some people, based on phenotypical features and place of origin, were allowed to be “Americans” while some were not. Sadly, up to the present moment, much has not changed. And, the gateway to immigrating here is still controlled by the very same people. They determine who should be considered what and who should stay or go. In any event, the U.S., even to the ones who “found” it, is always considered a land of immigrant. Therefore, when you “under foreign influence”, for example, are you referring to the people who colonized it? Please be specific so as to avoid confusion and ambiguity.
This is not something I know much about, but I have always thought that people who are here with lawful status are eligible for social security benefits, and I believe I have had clients with asylum or a GC who received it. Again, though, this is not something I have paid much attention to, and I am not certain. Take care, Jason
Alpha Markos, for non-citizens and those who are not permanent residents, you may receive SSI for a maximum of 7 years from the date DHS granted you immigration status in one of the following categories (“qualified alien”), and the status was granted within 7 years of filing for SSI:
-Refugee under Section 207 of the INA;
-Asylee under Section 208 of the INA;
-Noncitizen whose deportation was withheld under Section 243(h) of the INA or whose removal is withheld under Section 241(b)(3) of the INA;
-“Cuban or Haitian entrant” under Section 501(e) of the Refugee Education Assistance Act of 1980 or in a status that is to be treated as a “Cuban or Haitian entrant” for SSI purposes; or
-“Amerasian immigrant” pursuant to P.L. 100-202, with a class of admission of AM-1 through AM-8.
You must also have work done by your spouse or parent may also count toward the 40 quarters of work, but only for getting SSI.
Unfortunately, my research does not show that, ordinarily, asylum applicants- those with a pending asylum application with USCIS or EOIR- fall under the category “qualified alien”.
Interesting – Thank you, Jason
Can you please let me know your insight and advise for my following message/question?
Hi Jason, I have referred to court back in October 2021 and I have my master hearing in 2026! I applied and got my FOIA just last week and I need your advices, in the copy of Documents both AO and SAO which seems his supervisor Granted Affirmative Asylum to me but when after almost 2 years past from my interview and I was waiting for decision I asked 3 times (only sent one email every month)via email to expedite my decision due to my medical condition! Then it seems someone else or may be their Boss which is who I don’t know and it isn’t shown in the documents Scribbled the Granted check mark and then have chosen Referred to Court and it says in it something like INA (235) so I am just shocked to see what they have done to my Case, could you please help me understand how they can deny an approved strong case with AO approved and SAO reviewed Approval and what really INA (235) referring to? Please advise about?
The other question is, somebody (a 40 years immigration translator for Asylum office and court) told me because you requested for expedite decision after more than 2 years waiting after your interview and more than 6 years waiting for the interview schedule the Asylum office it appears that they didn’t like it so they referred you to Court to wait more and more… can this be real??? Really need your insights and guidance to understand what really happened to my affirmative Asylum decision?
I really Appreciated your help and support to Asylum community and me as well.
Thanks, ROM
Hi Jason, I have referred to court back in October 2021 and I have my master hearing in 2026! I applied and got my FOIA just last week and I need your advices, in the copy of Documents both AO and SAO which seems his supervisor Granted Affirmative Asylum to me but when after almost 2 years past from my interview and I was waiting for decision I asked 3 times (only sent one email every month)via email to expedite my decision due to my medical condition! Then it seems someone else or may be their Boss which is who I don’t know and it isn’t shown in the documents Scribbled the Granted check mark and then have chosen Referred to Court and it says in it something like INA (235) so I am just shocked to see what they have done to my Case, could you please help me understand how they can deny an approved strong case with AO approved and SAO reviewed Approval and what really INA (235) referring to? Please advise about?
The other question is, somebody (a 40 years immigration translator for Asylum office and court) told me because you requested for expedite decision after more than 2 years waiting after your interview and more than 6 years waiting for the interview schedule the Asylum office it appears that they didn’t like it so they referred you to Court to wait more and more… can this be real??? Really need your insights and guidance to understand what really happened to my affirmative Asylum decision?
I really Appreciated your help and support to Asylum community and me as well.
Thanks, ROM
There could be many explanations for what happened, and we cannot know for sure, but it does not look too good. In term of whether your expedite request caused the case to be denied, I doubt that. If it happened that way, it is very improper. I guess it is possible, but there is probably no way to know. If you could find others in that same asylum office with a similar problem, maybe you could prepare a complaint to submit, but with only your example, I am not sure they would pay much attention. Also, potentially, you can use the information in the FOIA to help convince DHS (the prosecutor) to look favorably at your case. Of course, if the Master Hearing is not until 2026, that is a little crazy. I wrote about ways to make these cases faster on April 20, 2017 and maybe that would give you some ideas. Take care, Jason
Thank you Jason, my bad, my individual hearing is scheduled in 2026, also can you please a bit explain what is the INA 235 and what it refers to?
I don’t understand why Trump is still very popular, after everything…
Just beyond me. I mean he is not a good person, very evil. In addition, he is not effective at what he claims to do…
Do people support Trump, to support him or to reject the Democratic Party ?
I have been waiting for interview for a long time and because of the non-resolution of my case…I cannot make progress in my medical process…I cannot help but feel sad…@fellow asylum seekers, how do you cope with such uncertainty and hold…🥺…For me it’s medical process, but for others, it could be falling in love, getting married, starting a family, building a life, pursuing education and better employment opportunities, purchasing a home…Do you guys put all these on hold ? or do you progress them in parallel ? What if IJ orders removal ? and all things will be gone…
@Jason, I know you said most interviews today comes from mandamus lawsuit…but the mandamus case itself will take a very long time…right ? and do government lawyers tend to fight or not ? cause sometimes I see government lawyers fight mandamus lawsuit, if they choose to litigate, then they are likely to win (aka, it’s gonna be difficult for the asylum seekers to get scheduled…)… Do you have a client or know a case, where an asylum seeker actually wins the mandamus case, through trial (as opposed to, USCIS chooses to schedule and the court dismisses the case)…The whole (expedite through normal way -> mandamus lawsuit -> govt lawyer potentially fights) process could also take years…
How long the mandamus case takes varies by office. In my office (Virginia), interviews get scheduled quickly (a few months). In the NYC office, it seems to take more than a year and I heard that that is the case in LA as well. If you do a mandamus, your lawyer will hopefully be familiar with the process in your location. Take care, Jason
Sounds good, thanks for the info.
In addition, I still wonder whether retaliation is a possibility…I mean, I remember you said a denial of yours is suspicious…I mean…that to me sounds like retaliation from USCIS…and I don’t think we will be able to prove it…I like to consider things from worst possible scenario…so from that your client’s denial, it looks like it’s obviously possible for them to retaliate those who have filed mandamus lawsuit…right ?
if they choose to retaliate, it looks like the asylum seeker will have no choice but to be denied…I am worried…
I do not know if that was retaliation, and I suspect not, but I am not sure (he was later granted in court). Anyway, I have had a number of cases where there was a mandamus and asylum was approved. Take care, Jason
Hi Jason,
I got granted by IJ few months ago, today i had call from my sister that the bank back in my country wanted close my safety deposit there and i need to send her notary that she can get the staff out for that i need to renew my passport, so my question is if i do it will i be in trouble to get green card?, thank you.
I doubt that will cause problems, but you should be prepared to explain why you renewed your GC and why a government that seeks to persecute you would be willing to renew your GC. Of course, if you fear non-state actors, like terrorists, and you do not fear your government, then this is not an issue. I did a post on May 25, 2022 that talks about these points, and maybe that is worth a look. Take care, Jason
Thank you, how uscis will know if somebody renew passport if the person dose not use it at the check point i mean like my situation that i need it for giving power of attorney to my sister back in my home country to take care of my staff
I doubt they will know, but I would definitely not lie about it if you are asked, as maybe they will know somehow. Renewing or using the passport is very unlikely to cause problems with USCIS, but lying about that and getting caught will likely be a problem. I do not think you have to volunteer the information, but if you are asked, you should be prepared to explain. Take care, Jason
Hello Jason,
Can you expedite your green card application based on approved asylum? applied 1 yesr ago?
Thank you.
Jimmy
You can try – I wrote about expediting in general on January 29, 2020. We are seeing GCs for asylees take 1 or 2 years for most people, so even if you are unable to expedite (and it is not easy), you will hopefully get the GC pretty soon. Take care, Jason
https://www.cnn.com/2023/02/26/us/undocumented-border-officer-cec/index.html
Lol this trump-voting CBP officer got the ultimate karma 😂…just for a light moment 🙂
Hello, I am middle eastern and a green card holder based on an asylum. I still have my home country’s passport valid. I will travel to study in Mexico for two years. Due to the hardship (the expected long time) of the RTD issuance and renewals, I will use my home country’s passport to enter/leave Mexico frequently back and forth to the United States. In addition, I will use this passport to gain the Mexican student visa and to issue the temporary student resident card in Mexico
My questions:
1- Will either using the passport or issuing a temporary Mexican student visa lead to any issues with the USCIS during the multiple re-entry attempts to the United States?
2- What happens if I lost my GC in Mexico for a reason or another? What is the right legal route to resolve such issue?
3- I was granted my GC in 2022 and on the card it is written resident since 2021. My expected application for naturalization should be around 2026, I guess. Since I (from now on) will reside in Mexico for more than 95% of the upcoming two years to study, will this cause any issues or add delays to the expected naturalization process?
Thank you very much
1 – That is doubtful, but if you could use the RTD, that would be better. I wrote about this on May 25, 2022, but you should be prepared to explain why you used a passport from a country that wants to persecute you. If you fear a non-state actor, such as terrorists, this is less of an issue than if you fear the home government. While using the passport is unlikely to cause a problem, it is good to be prepared to explain why you did that. 2 – Make sure you have a copy of the GC, front and back. You would have to contact the US embassy for help. It is also possible to get a new GC from USCIS, but that takes months. Maybe also keep original receipts, old work permits, and any other USCIS documents with a family member or friend, so they can send that to you if you need it. 3 – This may delay your naturalization. You need to check the instructions to the N-400, at http://www.uscis.gov, but basically, when you apply for citizenship, you have to have at least 51% of the prior 4 years inside the US (I am not sure how the 1 year you were credited towards the GC is counted, so if that is a factor, maybe have a lawyer look into that). Also, if you leave the US for 6 months or more, it could re-start the clock for purposes of the 5 years. Fially, there are requirements about living in the state listed on your address on the form. In short, it may be worth talking with a lawyer to se if you can structure your time in Mexico in a way that allows you to naturalize as soon as possible. Once you are a citizen, it will make life a lot easier in terms of living overseas. Finally, I did a post about asylees and citizenship on December 2, 2020 and that may be helpful. Take care, Jason
Hi Jason
I was interviewed 6 months ago my case status changed from decision pending to application pending what dos that’s mean ?
Thank you in advance
Good luck at removal proceedings.
@YOU ARE REFFERED, am guessing that you are the officer that interviewed SAIDO or you are familiar with the case, right?
I think that message does not necessarily have any meeting. I think if a case is referred to court, you (usually but not always) get a message to the effect that a decision was mailed out. For a grant, people often (but not always) get a message about fees waived (which refers to the fee for the next work permit). In this case, I do not think it has meaning, but if you hear from them soon, please do let us know. Take care, Jason
Application pending to me could also mean Application for your new i765, Goodluck.
Hi Jason; hope all is well ; I granted asylum at August 2022. Applied for green card September 2023 and still waiting for it. My current work authorization card (EAD) will expire September 2024. Will I require to renew my work authorization card or I can work with my approval asylum/I-94 form?
Also do you know what’s the timeframe to receive my green card (uscis website says 32 months)?
Thanks for your help
The time frame for an asylum based GC seems to be very unpredictable, but we see most cases take 1 or 2 years. It is more convenient to have the EAD, but as an asylee, you can work without it (see http://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/70-evidence-of-employment-authorization-for-certain-categories/73-refugees-and-asylees). I guess you will have to decide how much you need it. Given the automatic extension that comes with the receipt, as long as you apply before the current card expires, the receipt will extend the old card. So you could probably wait until a few weeks before the current card expires to file for the new EAD, if you think you need that. Hopefully, you will get the GC before then. Take care, Jason
“To counter the anti-immigrant narrative, advocates must continue to educate the public about the benefits of immigration and debunk falsehoods spread about newcomers. But we must also be prepared to make concessions where necessary to help win over moderate voters, especially on issues such as the border where there is widespread consensus that something needs to be done. Through advocacy and reasonable compromise, we can hopefully preserve our immigration system and prevent the mistakes of 1924.”
Do you yourself believe that some people should not be protected ? or you don’t necessarily think that way, but feel like choose who to protect at the border could win over moderate voters for a greater good ? (aka, if choosing who to protect won’t affect election results at all, you would not try to choose who to protect or restrict granting of protection ?) I know it’s a bit wordy but I just hope you understand what I am asking.
If it’s the later, I will make my point that, it won’t work as you might have expected. This is a very classic example of respectability politics…you try to abandon and/or punish the more controversial part of the community in order to appease the opposition and seek to gain their approval. I believe you should know, as I do, the anti-immigrant “moderates” will not return in good faith the concession you made. They will see that people like you are able to be manipulated and that their objectives will be achieved…I don’t believe they will just stop and be good or have truce with affirmative asylum seekers only and at the same time, stay mad at any other group. If asylum advocates really want to help, they should refrain from giving those people what they want or making them feel that, they can get what they want… To be honest, if I am a credible fear interviewee , trying to seeking asylum. I will feel betrayed and thrown under bus by such asylum “advocates”…
in addition, credible fear interview has been in place for two decades…it has worked well for 4 administrations…why it seems there is a chaos at the border ? Think of what has changed. There is no big change in US immigration laws…why the surge of people seeking asylum ? Is the U.S. immigration policy the reason (that caused) people to asylum ? I believe the answer is no ? Are foreign persecutors increasingly persecute that cause people to seek asylum ? I believe the answer is yes. So asylum advocates should not misrepresent the reasons behind the border crisis. The blog didn’t mention anything about foreign persecutors, this could make innocent readers think…oh…the us immigration policy is so bad and seems to be FULLY responsible of the border chaos…so something must be done…This is not exactly accurate, foreign persecutors caused people to seek asylum, and if something should be done about US immigration policy, then something should also be done about foreign persecutors…It’s unfair that US immigration policy are the only one that seems to be criticized and scrutinized here…If asylum advocates can’t criticize foreign persecutors but only attack US immigration policy…would it be fair for me to say…they are holding a double standard ?
Asylum was created to protect certain people – not everyone, but only those who face harm on account of race, religion, nationality, political opinion or particular social group. As I have written here before, by expanding these definitions, especially PSG, the number of people eligible for asylum has increased, which in turn, encourages more people to come here. While I personally believe an expansive definition of asylum is a good thing, as it will help protect more people and also because I think asylum seekers benefit our country, I think expanding the definition through litigation (as opposed to legislation) is anti-democratic and ultimately creates resentment and backlash. I agree with you that many anti-immigration people will not be satisfied by compromise, but that fact alone does not justify expanding asylum in an anti-democratic manner. Also, my hope is not to satisfy the most extreme elements, but only some in the middle – those who reasonably have concerns about the border. Finally, I think there is essentially an unlimited number of people who want to come to the US, and I also think that climate change, war, etc., will only increase in the future, driving even more people to migrate. Therefore, the idea that we can expand eligibility to satisfy this need (an idea supported by many advocates) is – in my opinion – incorrect. No matter how many people we let in, there will always be more. What I think is needed for the sake of preserving democracy and protecting migrants is a reasonable compromise and an actual decision about who and how many asylum seekers we want to admit to our country. Take care, Jason
Okay, I see.
Just one follow up, why do you think expanding through litigation is anti-democratic ?
The circuit court and supreme court judges/justices (I assume by litigation, you are talking about judicial litigations, rather than administrative ones) are appointed by the President, their opinions reflect the will of the President, which in turn reflects the will of the people…right ?
The congress is elected by the people. Are you thinking because they are all elected, their representative democracy functions better ?
I think when we are deciding who should be admitted into the country on a permanent basis, that should be done based on legislation. Having various judges decide who is eligible for asylum is not democratic. Judges need to protect due process rights, but when it comes to deciding what constitutes a PSG, for example, I think the asylum system would be on a firmer footing if that had been decided in Congress rather than in the courts and BIA. Take care, Jason
I still don’t understand why it’s un-democratic or less democratic for courts to decide asylum vs by the congress. Judges are either elected or appointed by elected officials, they typically have a law school degree and are more intelligent than congressmen/women/senators, and represent the will of people. Yes, congressmen/women and senators also represent the will of people, and more closely linked…but…I mean I guess I can see they are non-inferior to but I cannot see how it’s more democratic to be decided by congress (with member like MTG…I mean…)…
Yes obviously, it will be by a firmer footing, but that’s not what I am concerned yet…
Courts interpret the law, Congress makes the law. We need Congress to make a law reflecting the view of the American people, at least as much as that is possible. The current asylum law is 44 years old, and is based on a definition of refugee from 1951. We need an update to reflect the world today, as well as a decision about how many people to admit each year. That is a job for Congress with a new law, not courts to interpret old laws. Take care, Jason
But I rest my case in this regard. You are entitled to your opinions and I am not trying to change, but I am always curious to inquire and learn 🙂
Also, and this is prob me just being annoying…
But…the type of moderates described by you are, I am guessing…you think would oppose defensive asylum seekers who crossed the border…but would support affirmative asylum seekers that come here with a visa…Can you name one specific individual (other than yourself) or organization that does such ?
In my whole range of life experience, I have never known a person or entity (again, other than yourself) that oppose/disagree with defensive asylum seekers who crossed the border but, at the same time support affirmative asylum seekers that come here with a visa and filed I-589 with USCIS…I know it’s just my experience, but do those type of moderates you described really exist in reality, in actuality ? Where are they ? where can I find them ?
I definitely do not oppose asylum at the border or defensive asylum, and I am not sure where you got that. What I oppose is expanding the definition of who qualifies for asylum without some sort of democratic consensus. Take care, Jason
This is comment is not about inquiry but more about explaining why I arrived at my comment:
You said “make concessions”, and this phrased is hyperlinked to your early blog titled “Want to Save Democracy? End Asylum at the Southern Border”…(which generated quite some debates and arguments in the comment section…btw, it’s a very controversial stance you are taking…at least to me it’s a very controversial stance to take)…
So I assumed you oppose asylum at the southern border for your stated purpose of saving democracy.
But, like I said, it’s all good. You are entitled to take whichever position you believe in.
That article describes how I do not like the idea of ending asylum at the border (and if I recall, I was pretty explicit about that), but that it may be the best of our bad options when it comes to saving democracy. Take care, Jason
Well said, Jason. For whatever reason- and I know I am being petty and you mean good- I do not like the phrase/sentence: “With so many immigrants living in our country…” I actually find it jarring.
I find it jarring as well and feel strange.
Interesting. I can see how it might be taken in the pejorative, thought it was meant only to be quantitative – to compare the number/percent of non-native born people in the US today versus 1924. Take care, Jason
Hi Jason, nice to see you with such a helpful guidance.
I’m newly joined this platform. I want to hear from you about my case. Offcourse, mine is not too late case. I filed my asylum casse got interviewed May 6 2024 and gave me a letter to pick up the decision by two weeks from my interview. When one day left from the appointment, they call to my Attorney to wait the their mail. But, it has been a while to here from them, after 3 monthes we we mailed them, they didn’t respond us. So, what should be the next step to get the result?
Thanks
It is very common to see delays like this, so for what it’s worth, that is normal. We normally email the asylum office to ask about the decision – you can find their email address if you follow the link under Resources called Asylum Office Locator. Also, I wrote about delayed decisions on June 2, 2021 and that might give you some ideas. Take care, Jason